George Goodrich v. John Ferris

• Decision Date: 17 May 1909
• Docket Number: No. 120,120
• Citation: 29 S.Ct. 580,214 U.S. 71,53 L.Ed. 914
• Parties: GEORGE G. GOODRICH, Appt., v. JOHN W. FERRIS et al
• Court: U.S. Supreme Court

214 U.S. 71

29 S.Ct. 580

53 L.Ed. 914

GEORGE G. GOODRICH, Appt.,

v JOHN W. FERRIS et al.

No. 120.

Argued March 19, 22, 1909.

Decided May 17, 1909.

Messrs. John G. Johnson, Tyson S. Dines, L. Sidney Carrere, and Henry Arden for appellant.

[Argument of Counsel from pages 71-72 intentionally omitted] Messrs. J. W. Dorsey, Henry E. Davis, and Henry Ach for appellees.

[Argument of Counsel from pages 72-74 intentionally omitted] Mr. Justice White delivered the opinion of the court:

Upon demurrers, the court below dismissed the bill filed by Goodrich, the appellant, for want of equitable jurisdiction to grant the relief which was prayed. 145 Fed. 844. To review that decree this appeal direct to this court is prosecuted. Jurisdiction to review is challenged. That question, therefore, at the outset requires attention.

To clarify the issue for decision, instead of reciting the allegations of the bill in the order in which they are therein stated, we shall briefly recapitulate the facts alleged in their chronological order, in so far as essential to be borne in mind for the purpose of the question of our jurisdiction.

In February, 1886, Thomas H. Williams, a resident of California, died in San Francisco, leaving as his lawful heirs four sons, viz., Sherrod, Thomas H., Jr., Percy, and Bryant, and one daughter, Mary, who was the wife of Frank S. Johnson. The wife of the deceased and the mother of his children had died before him. Williams left an estate of large value, composed principally of real property. Shortly after his death, on April 2, 1886, in the court having probate jurisdiction in San Francisco, a last will and codicil thereto of Williams were duly admitted to probate. Leaving out of view certain bequests of personal property and small legacies in money, the estate was principally disposed of as follows: The title of the property was vested in the executor and trustee named in the will, George E. Williams, a brother of the deceased, for the purpose of making the distribution which the will provided. To one of the sons, Sherrod, nothing was given. It was provided that the sum of $50,000 should be absolutely vested in the son Percy, that $200,000 should 'be set aside absolutely' for the benefit of the daughter, Mary, wife of Johnson, and that $100,000 should be set aside for the benefit of each of the sons, Thomas H., Jr., Percy, and Bryant. The will, however, provided that the gifts to the children above stated, other than the gift of $50,000, which was to vest absolutely in Percy, were only intended for the use and benefit of the children to whom they were given during their respective lives, with the remainder in fee to the lineal descendants, or, if none such, to the surviving brothers or sister, as the case might be. The residuum of the estate was directed to be set aside in equal shares for the benefit of the daughter and two of the sons (Thomas H., Jr., and Percy) during their respective lives, with the remainder in fee, as heretofore recited. The will contained the following clause:

'Item 4. When the term of three years after my death, shall have elapsed, unless the executor, herein named, shall for good cause extend it for two years, or in case there be another executor, three of my children, or representatives, shall by writing, extend it for two years, distribution of my estate, shall be made, as herein directed.'

Until the setting aside or distribution thus directed, the executor was authorized to advance monthly to the daughter the sum of $250, and to each of the three sons, $100. The executor was authorized to carry on the business in which the testator was engaged at the time of his death, and extensive powers were conferred in regard to the sale and reinvestment of the property to be set aside for the benefit of the children, etc. George E. Williams qualified as executor, and entered upon the performance of his duties.

In 1888 one of the sons, Sherrod, died unmarried and without issue. In the same year Frank S. Johnson, the husband of Mary, the daughter, obtained a decree of divorce against his wife, by which he was awarded the custody of an infant son, Frank Hansford Johnson, the issue of the marriage. In December of the following year, Mary, the divorced wife, married George G. Goodrich, and thereafter lived with him in the city of New York. The son Percy was married in August, 1888; a child was born in 1889, but died the year following; and Percy died on October 3, 1890, leaving his widow surviving. Bryant Williams, another son, died in May, 1893, unmarried and without issue. In that year also Mrs. Goodrich, the daughter, died in the city of New York, without issue from her marriage with Goodrich, leaving her husband surviving.

In the nearly eight years which supervened between the death of the father and the death of Mary, the daughter, the latter undoubtedly received from the executor of the estate of the father, by way of revenue or allowance, the provision made for her benefit by the will of the father. By the various deaths it came to pass that, at the end of 1893, those entitled to the estate of Williams by the terms of the will, either for life or in remainder, were the surviving son, Thomas H. Williams, Jr., and the infant son of Mary, the daughter, represented by his father, Frank S. Johnson, who had, in 1889, in the proper probate court, been duly appointed the guardian of the estate of such minor.

After the death of Mrs. Goodrich, her husband went from New York to California for the purpose of the interment of the remains of his wife, and, while being there a short time, undoubtedly met the executor. Goodrich returned to New York, where he continued to reside. In 1896, three years after the return of Goodrich to New York, in the court having jurisdiction over the estate and person of the minor, the guardian Johnson applied for authority to agree with the executor of the estate of Williams on a final distribution of the estate. In making this application no reference was made to the fact of the marriage of Goodrich with the mother of the minor after her divorce. Conforming to the requirements of the California Code of Procedure, after hearing, the guardian was authorized to make the agreement for final distribution. Simultaneously or thereabouts the executor also filed in the proper probate court a petition asking the authority of the court to pass his accounts and make a final distribution of the estate. Express notice was given to Williams, the surviving son, and to Johnson, the guardian of the minor, and, in accordance with the provisions of the California Code, a publication, by a posting of notice for a period of ten days, was ordered and duly made. On January 5, 1897, after hearing, and in view of the consent of the parties, the accounts were finally passed and a full distribution of the estate was made between the parties in interest; that is, 40 per cent of the estate was transferred to the minor, Frank Hansford Johnson, through his guardian, 26 2/3 per cent to Thomas H. Williams, Jr., the son, in fee, and 33 1/3 per cent was vested in Williams as trustee for the benefit during life of Thomas H....